生态环境损害惩罚性赔偿的实践困境及适用规制
The Practical Dilemma and Applicable Regulation of Punitive Compensation for Ecological Environmental Damage

《中华人民共和国民法典》与后续多项司法解释确立了环境领域公益诉讼和私益诉讼的惩罚性赔偿制度。此项制度目前仍不完善，制度实践与制度应然状态存在较大差异。通过梳理已有案例可以发现，相较于环境侵权诉讼中，生态环境损害惩罚性赔偿在公益诉讼中作为诉讼请求的胜诉率远远高于私益诉讼中，在刑事附带民事公益诉讼中则有重复处罚支倾向。这种现象表面上看是惩罚性赔偿在不同诉讼中的适用标准不同，深层下有传统民法思维与政策价值导向的影响。目前环境民事侵权诉讼迫切地需要应用惩罚性赔偿发挥弥补、惩罚等效用，而环境民事公益诉讼中由于其他公法制度的高度相似性、制度衔接问题等，多数情况下并不需要适用惩罚性赔偿。应坚持审慎原则严格依法适用惩罚性赔偿，在实施细则尚不完善之时，应当转变传统思维、创新实施方式、进行能动探索，加快推动建设生态文明的高质量发展要求。
The Civil Code of the People’s Republic of China and a number of subsequent judicial interpretations have established a punitive compensation system for public interest litigation and private interest litigation in the environmental field. This system is still not perfect at present, and there are great differences between the system practice and the system should be. By combing through the existing cases, it can be found that compared with the environmental infringement litigation, the victory rate of punitive compensation for ecological environmental damage as a litigation claim in public interest litigation is much higher than that in private interest litigation, and there is a tendency of repeated punishment in civil public interest litigation attached to criminal proceedings. On the surface, the application standards of punitive damages in different lawsuits are different, which is deeply influenced by traditional civil law thinking and policy value orientation. At present, it is urgent to apply punitive damages to make up for and punish environmental tort litigation. However, in environmental civil public interest litigation, punitive damages do not need to be applied in most cases due to the high similarity and system cohesion of other public law systems. We should adhere to the principle of prudence and strictly apply punitive damages in accordance with the law, and when the implementation rules are not perfect, we should change traditional thinking, innovate the implementation method, carry out active exploration, and accelerate the promotion of high-quality development requirements for the construction of ecological civilization.